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MINUTES
VAIL TOWN COUNCIL MEETING
MAY 1, 1990
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, May 1, 1990, at 7:30
p.m., in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
MEMBERS ABSENT:
Kent Rose, Mayor
Lynn Fritzlen
Jim Gibson
Mery Lapin
Robert Levine
Peggy Osterfoss
Tom Steinberg, Mayor Pro Tem
TOWN OFFICIALS PRESENT: Charlie Wick, Assistant Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first item on the agenda was approval of minutes of the April 3 and 17, 1990,
meetings. Rob LeVine moved to approve the minutes as presented, with a second
• coming from Lynn Fritzlen . A vote was taken and the vote passed unanimously 5-0.
At this point in the meeting Mery Lapin was absent.
Item number two was Citizen Participation. There being no Citizen Participation,
the council moved to item number three.
Item number three was an appeal of the Planning and Environmental Commission
decisions regarding the redevelopment of the Red Lion building (Conditional use
permit, Stream setback variance, Site coverage variance, and an Exterior
alteration). Kristan Pritz initiated the discussion by calling the Council's
attention to an April 27, 1990, memo from Community Development in regard to the
appeal of the Red Lion redevelopment approvals and Ordinance No. 16, Series of 1990.
She stated five separate motions eventually would be made to deal with various
considerations before the council. To be considered prior to the reading of
Ordinance 16, 1990, were the following:
1. A site coverage variance to permit a .25 percent increase in this
property's site coverage. This request was approved by a Planning
Commission 6-1 vote. A motion to uphold or overturn this request would be
necessary.
' 2. A stream setback variance to allow a two foot encroachment into the
required thirty foot stream setback. This request was approved by a 6-1
Planning Commission vote. A motion to uphold or overturn this request
would be necessary.
3. A conditional use permit for an outdoor dining deck on the east side of the
Red Lion building. This request was approved by a 7-0 Planning Commission
vote. A motion to uphold or overturn this request would be necessary.
4. An exterior alteration to add enclosed floor area to the Red Lion
building. This request was approved by a 5-2 Planning Commission vote,
with 11 conditions as outlined in the April 17, 1990, memorandum to the
Town Council. The council asked the applicant to agree to a 12th condition
at the May 1st meeting. The 12th condition to be added to this approval
would require the owner to pay an incremental increase in parking fees that
may be established within two years from the time a building permit is
issued for this project. A motion to uphold or overturn this request would
be necessary.
Mery Lapin arrived at 7:55 P.M.
• Kristan further specified that if the Planning Commission's approval of these four
requests were to be upheld by the Town Council, the Council should condition their
approval upon the passage of Ordinance No. 16, Series of 1990, a modification of a
View Corridor #1. Kristan stated that the PEC recommended approval of the View
Corridor amendment by a vote of 6-1 in favor, with two conditions. She further
stated the Ordinance was approved by a 4-2 Council vote at the first reading in
April, and a motion to approve or deny Ordinance No. 16, Series of 1990, with two
recommended conditions as outlined in the April 17, 1990, memorandum, would be
requested. Kristan advised Council to focus on the appeal of the entire project in
• consideration of each of the variances and the conditional use permit that were
being requested in order to complete the project.
The first area to be discussed was the exterior alteration review criteria.
Included in this was the discussion of the urban design guide plan and urban design
considerations which included the following a: pedestriazation b: vehicular
penetration c: streetscape framework d: street enclosure e: street edge f:
building height g: views and focal point h: service and delivery is sun/shade j:
architectural and landscape consideration. All details were presented as described
in the March 19th, 1990, memorandum from Community Development to the Planning and
Environmental Commission. Information in regard to the Stream setback variance to
allow a two foot encroachment into the required thirty foot stream setback was
discussed next, with reference to the March 19, 1990, memorandum. Review criteria
for each variance and the conditional use permit were presented for Council
consideration.
The third item to be considered was a conditional use permit for an outdoor dining
deck on the east side of the Red Lion building. The fourth item was a site coverage
variance to allow for an entry on the east side of the Red Lion. Kristan explained
that at the PEC's regular meeting, April 9, 1990, approvals were given on those
items. PEC conditions of approval per the April 17th staff memo for the project
• included: 1. As a part of this redevelopment, the applicants agree to point and
repair the brick wall along Bridge Street and in the area of the small Plaza to the
northwest corner of the site. Improvements to this Plaza may also include upgrading
existing benches, planters, newspaper box and trash receptacle locations and
landscaping. 2. The Streetscape improvements shown along Hanson Ranch Road are
considered conceptual and the applicants shall agree to work with the Staff and
Winston & Associates in refining this design relative to the Vail Village
Streetscape Plan. This condition shall also apply to the Plaza area referenced in
condition #1 and the landscape improvements proposed adjacent to Mill Creek. 3.
All windows located on stucco wall plains shall be recessed a minimum of three
inches. 4. State-of-the-art venting shall be used to reduce negative impact
(smell, smoke, etc.) emanating from the site. 5. The owners/developers of the
residential development on this site shall agree to permanently restrict gross
residential floor area (GRFA), building height and density on this site to what is
permitted by this approval. The Town of Vail shall be a party to this restriction
and the restriction shall be recorded with the Clerk and Recorder's Office in Eagle
County. These restrictions on GRFA density and height must be acceptable to the
Town Attorney as submitted by the owner and approved before recording. 6. Any
trees damaged or killed within two years of the completion of this project shall be
replaced with similar size and type tree. 7. The Red Lion logo shall be retained
as a part of this redevelopment in approximately the same size and location. 8.
The developers/owners will be encouraged to participate in developing solutions to
traffic, loading, and delivery problems in Vail Village. 9. The Rekord (or other
type of window system installed) to the Red Lion Restaurant along Bridge Street,
shall remain totally opened during business hours between June 15 and September 15
of each year. These windows may be opened at any other time during the year at the
discretion of the restaurant management. 10. The applicant shall complete
stream -bank stabilization work on both sides of Mill Creek over the entire length of
the Red Lion property. The final design and implementation of these improvements
shall be subject to review by the Staff and the Design Review Board. 11. The
owners shall agree to participate in, and not remonstrate against, a Special
Improvement District, if and when one is formed in the Village. 12. The
owners/developers agree to pay any incremental increase in parking fees that may be
established within two years from the time a building permit is issued for this
project. (This condition was accepted by the applicant's representative, Jay
Peterson, at the previous Town Council evening meeting on April 17, 1990.) 13.
Approval of this exterior alteration, variances, and conditional use are contingent
upon the Council giving final approval to Ordinance No. 16, Series of 1990.
Kristan explained that the PEC also recommended approval of the View Corridor
Ordinance with the following conditions:
1. That the photo depicting View Corridor No. 1 be modified to reflect the new
Red Lion Building at a time when the expansion is completed. The
Commission preferred this alternative as opposed to modifying the line that
delineates the View Corridor.
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2. That the specific reasons justifying this request be included in the
preamble of the ordinance authorizing this amendment.
At this point in the meeting discussion turned to Item five which was Ordinance No.
16, Series of 1990, second reading, an Ordinance amending Ordinance No. 13, Series
• of 1983, in order to modify View Corridor No. 1; and setting forth details in
regard thereto. Mayor Rose read the title in full. Kristan stated the current
remodel falls within the height allowed in the zoning code and that Jeff Winston had
stated that in coming up with the original View Corridors, the consideration was to
preserve the visual connection between the parking structure and the mountain and to
maintain the views of the mountain, the Clocktower, and the Rucksack Tower. It was
Jeff Winston's feeling that the line could have been drawn at the Golden Peak House
Ridge and the objective of this corridor would have been met. The proposed Red Lion
Ridge would not diminish any view of Vail Mountain. In regard to the height of the
building, the applicants had provided a cross section of the Village from the
Parking Structure to the Golden Peak House. This was done to demonstrate whether
any other properties would encroach into the View Corridor, if they were redeveloped
within the forty-three foot height limit. Larry Eskwith discussed whether the
nonconforming height of the Golden Peak House was legal and referenced 18.64.090
under the zoning code, restorations. Also, Larry pointed out a section on
structures and site improvements and stated that a nonconforming use cannot become
more nonconforming through a remodel. However, the Golden Peak House could be built
back to its existing height so long as the area of the roof that was nonconforming
was not increased in area or height through a remodel. He stated that this decision
regarding the Red Lion would not create a problem.
• Kent Rose stated he believed the amendment to the view corridor did not go against
the intent of the ordinance or the purpose of this specific view corridor. Rob
Levine questioned Item No. 4 and the state-of-the-art venting on the roof and
received an explanation about the stacked chimney arrangement. Jay Peterson,
representing the applicants, Frankie and Oscar Tang, presented additional
information from individuals within the community. Jim Morter, acting as architect
for the project and Dan Corcoran, field engineer, spoke on behalf of the project,
with Dan Corcoran stating that as a PEC member at the time view corridors were first
discussed in the Town of Vail, he had discussed the process used in designations,
their history, and their intent. His opinion was that the intent of the view
corridor was being met. Further discussion from the audience included Ella Knox and
Gordon Brittan, who spoke out against the granting of these variances, the
conditional use permit and the change or the modification in the view corridor
ordinance. Speaking for the project were Oscar Tang, Diana Donovan and Jack Curtin,
representing Mrs. Cortlandt Hill.
At this time, Mery Lapin moved to uphold the Planning Commission decision to allow
the exterior alteration based on the staff memorandum dated April 17, 1990, and
incorporating conditions 1 through 13 as previously stated, in his motion, with
amended conditions as follows:
• 1. Amend condition 5 to say this agreement shall be submitted by the owner and
approved by the Town Attorney before a building permit is released.
2. Amend condition # 8 to state if a central trash area is built in the
Village, the owners would agree to use the trash facility and "will be
encouraged" changed to "will participate in."
3. Conditions # 12 and 13,as previously stated on page 2 of these minutes, are
included.
4. Condition 14 was added to state, "The proposed addition of the enclosed
deck along Bridge Street will have a glass roof and be as transparent as
possible.
This motion was seconded by Peg Osterfoss, a vote was taken, and the motion passed
unanimously, 6-0 in favor.
In regard to the stream setback variance to allow a 2 foot encroachment into the
required 30 foot stream setback, Peggy Osterfoss moved to grant this variance to
uphold the Planning Commission recommendation to approve, based on the fact this was
not granting special privilege, was not detrimental to the health, safety and
. welfare of the community, and there were extraordinary circumstances in that the Red
Lion building is already located within the stream tract setback. Jim Gibson
seconded this motion. A vote was taken and the motion passed unanimously, 6-0.
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The third item to be considered was the site coverage variance on the east side of
the building. Rob LeVine moved to uphold the Planning Commission recommendation
based on the April 17, 1990, memo and based on findings that this did not grant
special privilege, it was not detrimental or injurious to the public, and there were
extraordinary circumstances that would warrant the granting of this motion. Peggy
Osterfoss seconded this motion and the motion passed 5 to 1, with Mery Lapin voting
against that motion.
The last item to be discussed was the conditional use permit for an outdoor patio
to the building in Vail Village. Peggy Osterfoss moved to approve the conditional
use permit, stating all criteria in the staff memo of April 17, 1990, were met.
Mery Lapin seconded this motion. A vote was taken and the motion passed
unanimously, 6-0.
At this time, Mery Lapin moved to place a further condition on each of the variances
and conditional use permit votes that had just been taken, stating that passage of
each of these were conditional on passage of Ordinance 16, 1990. Peggy Osterfoss
seconded this motion. A vote taken and the motion passed unanimously, 6-0.
Item #4 on the Council agenda was Ordinance #16, Series of 1990, a second reading
on the ordinance amending View Corridor #1. Peggy Osterfoss moved to pass this
ordinance on second reading, with Rob LeVine seconding that motion. Peggy stated
the intent of the view corridor would be kept intact by modifying View Corridor #1,
and adding, there is a provision in the Ordinance for making minor changes to the
view corridor and that the change was not specifically for this project. A vote was
taken and the motion passed 4-2, with Mery Lapin and Jim Gibson voting against that
• motion. The means for amending the ridge line is stipulated in Ordinance No. 16,
Series of 1990, Section I.
Given the late hour, a 10-minute break was taken.
The next item on the agenda was Ordinance 417, Series of 1990, first reading, an
ordinance repealing and reenacting Ordinance #32, Series of 1987, to provide changes
to Special Development District #16, that concern a reduction of the number of units
permitted, adjusting the gross residential floor area per unit, employee dwelling
units and architectural guidelines, and setting forth details in regard thereto.
Mayor Rose read the title in full. Mike Mollica handled the presentation on behalf
of the staff. He stated the Planning Commission on April 9, 1990, had unanimously
recommended approval of the amendment to SDD #16 and had unanimously approved the
preliminary plan for the Elk Meadows Subdivision. Both were approved by vote 6-0.
The applicant's requests were as follows:
1. The current proposal is for a subdivision of the 3.6 acre parcel into five
building sites for envelopes. The envelopes would range in size from 3,397
square feet to 6,141 square feet and each envelope would be allowed one
single family dwelling plus one employee restricted rental unit as defined
in Section V,B,2 of the April 9th memo from Community Development Planning
. Commission. The remainder of the site would consist of 25,700 square feet
for roadway and parking and 2.5 acres to be dedicated as open space.
2. The total gross residential floor area (GRFA) designated for Phase III in
The Valley is 16,000 square feet. This would allow each dwelling unit
within the project a maximum of 3200 square feet of GRFA.
3. Access to Lots 1 through 4 would be via a private 22 foot wide common
access drive off of Lion's Ridge Loop Road. This road is currently roughed
in place. Access to lot 5 would be from an individual driveway cut from
Lion's Ridge Loop Road. The individual driveway cut would minimize the
amount of asphalt paving in the open meadow.
Mike went on to discuss the background for this particular project as well as an
evaluation of the criteria for a major subdivision. He discussed Special
Development District review criteria and included the following items:
a. Reasons for an SDD zoning.
b. Design standards which include:
• 1. Design compatibility and sensitivity to the immediate environment,
neighborhood and adjacent properties relative to architectural design
scale, building heights, buffer zones, identity, character, visual
integrity, and orientation.
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2. Uses, activity, and density, which provide a compatible, efficient,
and workable relationship with surrounding uses and activity.
3. Compliance with parking and loading requirements as outlined in
Chapter 18.52.
4. Conformity with applicable elements of the Vail Comprehensive Plan
Town Policies and Urban Design Plans. Specifically, he stated the
Land Use Plan identifies this parcel as one which is suitable for
medium density residential uses, allowing from 3 to 14 dwelling units
per buildable acre.
5. Identification and mitigation of natural and/or geologic hazards that
affect the property on which this Special Development District is
proposed, further stating that the site is located within a high
severity rock fall zone and specifying the mitigation methods to be
used.
6. Site plan, building design and location, and open space provisions
designed to produce a functional development, responsive and sensitive
to natural features, vegetation and overall aesthetic quality of the
community.
7. A circulation system designed for both vehicles and pedestrians
addressing on and off site traffic circulation.
• 8. Functional and aesthetic landscaping and open space in order to
optimize and preserve natural features, recreation, views, and
functions.
9. Phasing plan or subdivision plan that will maintain a workable,
functional and efficient relationship throughout the development of
the Special Development District.
He next compared the proposed SOD to underlying residential cluster zone districts
and went on to state that the staff recommendation was for approval of the
preliminary plan of a major subdivision and the revisions to SOD #16 for Elk
Meadows. The staff recommendation for approval of this preliminary plan for the
major subdivision includes the following conditions:
1. The development of each building envelope will comply with the rockfall
mitigation reports prepared by Nicholas Lampires, project geologist and
Donald G. Pettygrove, P.E., project manager with Banner Associates, Inc.
Such reports are dated February 23, 1987, February 25, 1987, June 12, 1987,
June 15, 1987, July 22, 1987, and March 12, 1990, and will be kept on file
in the Town's Community Development Offices. Each individual lot owner
will be responsible for completing the hazard mitigation for their lot per
the above -named reports. This restriction shall be noted on the final
plat.
2. The staff recommendation for approval of the major amendment to SDD #16
included the following conditions:
a. That approval of this major amendment to SDD #16 be contingent upon
PEC approval of the final plat for the subdivision, and
b. That the developer construct a minimum of one (1) employee dwelling
unit and that said employee dwelling unit be a part of either the
first or second building permit for the project. All employee
dwelling units shall meet the criteria listed in Sections V,B,2 of
this memo. No portion of the building may overlap the building
envelope.
Mike further stated prior to the recordation of the final plat, a written agreement
between the Town and the subdivider will be required in order to guarantee the
construction and maintenance of the proposed improvements. This agreement shall be
in accordance with Section 17.16.250 of the Town Subdivision Regulations, and
following discussion it was decided a letter of credit would suffice. It was also
noted that in respect to SDD approvals the applicant must begin construction of the
• Special Development District within three (3) years from the time of the project's
final approval, according to Section 18.40.120 of the Town of Vail Zoning Code.
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At this time, Rob Levine moved to approve Ordinance #17, Series of 1990, and Lynn
Fritzlen seconded that motion. A vote was taken and the vote was 5-0 in favor of
this motion. At this point, Mery Lapin had stepped out of the room.
There being no further business, this meeting was adjourned at 12:10 a.m.
•
ATTEST:
C�Mf �"I- � �
Pame a A. Brandmeyer, Town Clerk
Minutes taken by Pam Brandmeyer
•
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Respectfully submitted,
J�
Kent R. Rose, Mayor`
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